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HomeMy WebLinkAboutOrdinance 2060 rAe OR r O R D I N A,N,C- Eii N-Ok�Y � &90rpO AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY . AND BETWEEN THE CITY OF FAYETTEVILLE , ARKANSAS , AS LESSOR , AND BALDWIN PIANO AND ORGAN- COMPANY , AS LESSEE , IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT ; PRESCRIBING OTHER MATTERS RELATING THERETO ; AND DECLARING AN EMERGENCY BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That there be , . and there is hereby authorized the execution and delivery of a Lease and Agreement (the " Lease Agreement " ) wherein the City of Fayetteville , Arkansas (the " City " ) , is Lessor and Baldwin Piano and Organ Company , an Ohio corporation ( " Baldwin ") , is Lessee , in substantially the form and with substantially the contents hereinafter set forth , and the Mayor and City Clerk be , and they are hereby , authorized to execute , acknowledge and deliver the Lease Agreement for and on behalf of the City . The form and con- tents of the Lease Agreement , which are hereby approved and which are made a part hereof , shall be substantially as follows : (Advice is hereby given that a copy of the form of Lease and Agreement is on file in the office of the City Clerk , and reference may be had thereto by any interested person . ) Y , \ -vol 880 13 MiCROFILh$ j 6 DATE RFS Section 2 . That the Mayor and City Clerk be , and they are hereby , authorized and directed , for and on behalf of the City , to do all things , execute all instruments and otherwise take all action necessary to the realization of the City ' s rights and to the discharge of the City ' s obligations as Lessor under the Lease Agreement . Section 3 . That the provisions of this Ordinance are hereby declared to be severable , and if any section , phrase or provision shall , for any reason , be declared to be invalid , such declaration shall not affect the validity of the remainder of the sections , phrases and provisions . Section 4 . That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict . Section 5 . That there is hereby found and declared to be an immediate need for the securing and developing of industry in order to provide additional employment and increased payrolls , alleviate unemployment and provide other hnnnfitc inririantal_ to the operation of a substantial industry , and the execution and delivery of the Lease Agreement authorized by this Ordinance are necessary for the accomplishment of these public benefits and purposes . It is , therefore , declared that an emergency exists , and this Ordinance , being necessary for the immediate preservation of the public health , safety and welfare , shall be in force and take effect immediately upon and after its passage . PASSED: iYauem Ger S 1974 . . APPROVED: V GLHTTEa6lek ' l � Y l �B ' Mayor '� pau tiJ 7.(,(I AA ." City Cleik h \ �SEAI;) �o� 880 14 t CERTIFICATE The undersigned , City Clerk of Fayetteville , Arkansas , hereby certifies that the foregoing pages are a true , correct and compared copy of Ordinance No . 2060 of the City of Fayetteville , Arkansas , passed at a regular session of the Board of Directors of Fayetteville , Arkansas , held at the regular meeting place of the Board at 7 : 30 D m . , on the Sth day of November 1974 , and that the Ordinance is of record in Ordinance Record I Book No . 4 at Page 211 - 212 , now in my possession , Q'IV'EN under my hand and the seal of the City this 7th day of November 1974 . �: • } City Clerk (SEAL)) 14o 1 CERTIFICATE OF RECORD STATE OF ARI;ANSAS I Ss. Washington County I 1, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Record_r for Washington County, do hereby certify that the annexed or fore. . going instrument was filed for record in my office on the 62Lday of 'n0V 19 Wt9D0'clockA Pot, and the s: ne is duly recorded inecord �l�'D at page - Witness my hand and seal this,( 2 day of 'TLB 19 ALMA KOLLMEYER CERTIFICATE OF RECORD Circuit Clerk and Exj�'ci�oy Recorded State of Arkansas ( SS By City of Fayetteville I Deputy Clerk t I, Suzanne C. Kennedy, City Clerk and - Es-Of ficio recorder for the City of Fayetteville, do hereby certify that the amuse9 or fore- going is of record in my office and the same ap- pears `inOrdinance & Resolution book ----)"V.at page a l l Witness my hand and seal this day of 19 QQ City Clerk and Ex-Officio Recorder rVOL QQO 15 STATE of ARKANSAS 1 County'((//o��fA��faa t�rrr�Washington �m���Da�s��/�''h i ng/to�n I, - V( `� 1 . . 4' hereby certify that I am the P117Yblfsh r of TH NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than Yl(.i.E, AttsANses, AS I Fula, AND four pages of five columns each, published at a fixed place of business and at BALD IN PIANO ARD ORGAN colda fixed (daily) intervals continuousl in the Cit of Fayetteville, County of NY, PAAS LESSEE, IN sUD$PANTIAL Y Y Y T,1 PIrE PnExf AND WITH MuMTAN Washington, Arkansas for more than a period of twelve months, circulated OON'3IMS a E T m�%o MADE APART OF and distributed from an established place of business to subscribers and •,Ncr•.: AUTAnAtztOF readers generally of all classes in the Cit & County for a definite rice for N vn roRT NG Y P " ' TF each copy, or a fixed price per annum, which price was fixed at what is � r; a ASD considered the value of the publication, based upon the news value and - eG�AN EpMLERGENCY service value it contains, that at least fifty percent of the subscribers A • W A Mr se r C twi 't thereto have paid cash for their subscriptions to the newspaper or its agents 3, � tip tie, aw toars or through recognized news dealers over a period of at least six months ; - a leaasal and: and that the said newspaper publishes an average of more than forty percent i a 'Val VMP'AhedONA (the "niod") whissern Wl earl news matter. "fl, orall Porno a I rv.ratm 4I further certify that the legal notice hereto attached in the matter of .rthe y B <cbem[aay e coaterages mei and the 1eta, n a ^� �� '� O ( e n ere herneby rn. - was published in the regular daily issue of said newspaper tor__... eeasesREive-inserlas follows : The first Insertion on the G. _ )A /.. _ -.... day of I�L�YL_. 19..�..Y e - N. 11 :. tilo In OV Anil, scnuse i Teas wed [ed Person ) the second insertion on the _ ___ _.--- day of __ 19.__. Mayor apR Cay Clerk be, ere y, e...norenli rtrd. for ,end on the third insertion on the _-. day of And re and the fourth Insertion on the dayq�_._ __-......I1. 1 01 t I ` . 01 F y p1. i Ve V.'111dIL Ot . / a .rl:� °nos Irfe .t a all t- Ali Sworn to and subscribed before me on this I j _ da of . eaall _.._ y remainder of the �kns, -----�� ---�— pfuaeas'.dad: th Sectiona Th,i rain and Parts N pererenf to ,re ----.---. 1924 hereh9 repealed , ..h ♦ -� Conflict. sectioOO W n S. That aHiNt, an fc he^,+ov �...,'i; � and defined to n de imping or . ,.I ___ for the teaming antl developing of in Jas- NO Public pl in t an i tied addpays ns, rm_� plo>ment and increased p molds, ` cher v'etr noemplasmmtl and pouf de 'Ether benefits Incidental to the Aperthe , of My Commission Expires : y aeasest thesethese�b;Wnt4 _. . If Ie, therefore, declaretl t eaMrseney exist>. And Vol, O E, being Aevessary for the immeat Of me molts health, sefet'� and fare Fees for Printing .-.---- Mall he in form And mil neHect imme. donel) upon and aft" 1qpfsisnse. PASSED: November a; 1pfa. Cost of Proof ..._ ---------- _-----------___.__ APPROVED: RUSSELL T.' PDRDY DAR LEN Mayor Total __...._.__. ;........_......—._... DARLENE 11'ESTBAOOK- aty Clerk (SCID ITC 9